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...understood to have been passed in view of the provisions of Order 7 Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) and not a case of transfer of a suit from the court at...said judgment makes it clear that the return of the plaints was required in view of the provisions of Order 7 Rule 10 CPC. The relevant part of the order reads as under: (AIR pp. 54-55, para 32...entertain the suits with the result, the plaints are required to be returned to the plaintiff for filing suits in appropriate forum or court at appropriate place in view of provisions of Order 7 Rule 10 CPC...
...power under Order 7 Rule 10 of the Civil Procedure Code and did not return the plaint to the appellant for presentation to the proper forum. The appeal filed by the appellant before the High Court failed...directing the return of the plaint to the appellant for presentation to the proper forum and the High Court also likewise fell in the same error. The terms of Order 7 Rule 10 of the Civil Procedure Code...the trial court or the High Court. We express no opinion on the merits of the case.7. The appeal is accordingly allowed in the above terms. There will be no order as to costs....
...that the suit should not have been dismissed for want of pecuniary jurisdiction but under Order 7 Rule 10 of the Code of Civil Procedure, it should have returned the suit to...be presented to the court in which the suit should have been instituted. Order 7 Rule 10 of the Code of Civil Procedure reads as under:“Return of plaint...as appeal lies against an order passed under Order 7 Rule 10, under Order 43 Rule 1(a) of the Code of Civil Procedure. Even otherwise, since the suit has been d...
...Judge was under Order 7, Rule 10. Under Order 43, rule 1(a), an appeal lies under the provisions of S. 104 from an order under...Order 7, Rule 10. Section 104 says: “An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law, for the time being in ....2. The defendants filed a second appeal to this Court, and them preliminary objection has been taken by the respondent's pleader that no second appeal lies. The order made by the Subordinate...
...appeal preferred by the appellant against the order of rejection of the appellant's application under Order 7 Rule 10 CPC passed by the Additional District Judge, Delhi on 28-3-1998 was dismissed....”4. The appellant (defendant in the suit) moved an application under Section 20 read with Order 7 Rule 10 and Section 151 CPC before the trial court praying...this manner, the plaintiff claims that a part of cause of action accrued in Delhi.7. The effect of clause 17 of the purchase order which mentions — any legal proceedings...
...under Order 7 Rule 10, the Court was to return the plaint for presentation before the competent Court. The Court ought to have followed the procedure as provided under...Order 7 Rule 10 and 10-A, CPC. With these observations, the revision petition is dismissed. Learned trial Court is requested to return the plaint and followed the procedure...under Order 7 Rule 10 and 10-A, CPC. ( ANIL KSHETARPAL ) 11.05.2018 JUDGE Dinesh Bansal Whether speaking/reasoned Yes / No Whether Reportable Yes / No 1 of 1...
...jurisdiction under Section 24 of the Code. The plaint could be returned at any stage of the suit under Order 7 Rules 10 and 10-A. The fact that the pleadings and evidence may have concluded before the Gurgaon court...with regard to the advanced stage at which the suit was at Gurgaon. The mere use of the words “return the file” are irrelevant and cannot be construed as enlarging the scope of jurisdiction under Order 7 Rule 10. T...order attained finality as no appeal was preferred against the same. Significantly under Order 7 Rule 10-A fresh summons had to issue upon presentation of the plaint before the court of...
...Rejecting an application under Order 7 Rule 10 CPC filed by respondent No. 4 for return of the plaint of the plaintiff respondent, this petition has been filed...on the basis of certain allegations made. Initially an application was filed under Order 7 Rule 11 CPC for dismissal of the suit on the ground that the suit before the Civil Court is not maintaina...the application under Order 7 Rule 10 CPC has been filed by petitioner No. 4 who is not a member of Cooperative Society and therefore, he does not have any locus standi to...
...Section 24 sub-clause (5) of the Code of Civil Procedure (for short the Code) makes the provisions contained in Order 7, Rule 10 and 10-A of the Code nugatory and, thus, accordin..., Mohanlalganj, Lucknow under Order 7, Rule 10 and 10-A of the Code. According to the learned counsel such order should have been passed by Civil Judge, Malihabad in exe...of Civil Judge, Malihabad could also pass order regarding return of the plaint to the plaintiff for presentation before the competent court in exercise of powers under Order 7, Rule 10-A...
...return of plaint, but it is not an order one passed under Order 7 Rule 10 CPC. On the other hand, it is an order passed under Order 2 ...permitting the plaintiff to file separate suits against several causes of action and it cannot be construed as an order passed under Order 7 Rule 10 for return of plaint. If...it is an order passed under Order 7 Rule 10 for return of plaint, then certainly appeal lies under Order 43 Rule 1 (a) and no appeal ...
...Order 7, Rule 10 and institute the same before the appropriate Court. Reliance is placed upon the judgment of Kandarp Construction India Pvt. Ltd. v. Brijesh Pathak and...others reported in 2016 (11) ADJ 118. 2. On a question of jurisdiction being raised by the defendant, an application under Order 7, Rule 10 C.P.C...Court lacking in jurisdiction or proper valuation of the plaint is not disclosed, the Court may reject the plaint under Order 7, Rule 11 or return it for presentation under ...
...Order 7 Rule 11 C.P.CLearned counsel for the petitioner submitted that the plaint which was filed in the Bombay Civil Court was directed to be returned under ...asked whether if a plaint is returned under Order 7 Rule 10 C.P.C and if any correction or amendments are made before its re-presentation, is there any provision for rejection...of the plaint? Petitioner could not point out any provision under Order 7 Rule 10 C.P.C specifically for rejection of the aforesaid plaint.In absence of any...
...H.R Malhotra, J.:— These are two applications common in nature made in the aforesaid three suits by the defendants under the provisions of Section 24 CPC read with Order 7 Rule ...again transferred to the District Court by way of return of plaint to the plaintiff under the provisions of Order 7 Rule 10 CPC and then District Judge should pass an order in...the light of Order 7 Rule 10 and 10A of the CPC. This in short are the applications of the defendants which applications have been opposed by the plaintiffs by filing reply...
...defendant's petitioner to challenge the order dated 3.8.2024 passed by the Commercial Court in Commercial Civil Suit No. 91 of 2021 for disposal of the application under Order 7 Rule 10 CPC wherein issue...pertaining to jurisdiction of a Civil Court to entertain suit was raised.
2 The order impugned categorically records that the application under Order 7 Rule 10 CPC merits rejection...
the revised purchase order about the jurisdiction of the Civil Court at Ahmedabad to entertain the suit and prayer for return of plaint under Order 7 Rule ...
..., Class I, Gwalior, in Civil Suit No. 33-A/2016. Vide order dated 03/05/2016, an application which was filed on behalf of the defendant under Order 7 Rule 10 CPC has been...submitted that after order dated 10/02/2016, application has been filed under Order 7 Rule 10 CPC, whereas suit can be returned only when the concerned Court categorical..., application under Order 7 Rule 10 CPC was dismissed.5. It is evident that suit was filed in the year 2009, therefore, the issue to be decided by the trial Court is...
...defendants application under Order 7 Rule 10 of the Code of Civil Procedure. An order rejecting an application under Order 7 Rule 10 ...Procedure and thereby refusing to return the plaint is not appealable under Order 43 Rule 1(a) of the Civil Procedure Code.... Aniruddha Ray, Mr. D. N. Sharma, Mr. Ratnesh Kumar Rai, Mr. Anunoy Basu, Mr. Srinjoy Bhattacharya For the Appellants. This first miscellaneous appeal is directed against an order rejecting the...
...), KGF returned the plaint under Order 7, Rule 10-A of the Code of Civil Procedure, 1908, it was for the Civil Judge (Senior Division), KGF to permit the defendant to file the...of Order 7, Rule 10 of the Code of Civil Procedure considered the written statement filed by the defendant before the Civil Judge (Junior Division), KGF and the evidence let-in by the...which had no pecuniary jurisdiction to entertain the suit or whenever a plaint is ordered to be returned to re-present the same before the Competent Court under Order 7, Rule 10-A of...
...jurisdiction to entertain the suit. Order 7 Rule 10 of the Code of Civil Procedure provides for such an eventuality.
6. Order 7 Rule 10 of the Code of Civil Proce...that the Court has no jurisdiction, the learned District Munsif, ought to have exercised his power under Order 7 Rule 10 of the Code of Civil Procedure, to return the plaint to the plaintiff for being...order of the Trial Court is set aside. The Application in IA No. 386 of 2017 will stand dismissed. The learned District Munsif, Kotagiri is directed to return the plaint under Order 7 Rule 10 of the Code...
...6.11.2024, passed by the learned Civil Judge (Senior Division) Mandi in CMA No. 1807/24 in Civil Suit No. 48-1/20/2019 has been challenged, whereby the application of the petitioner under Order 7 Rule 10 and...the suit was bound to fail for the reason of lack of territorial jurisdiction.
3. The plaintiff thereafter filed another application under Order 7 Rule 10 and Order ...under Order 7 Rule 10 of the Code.
4. Learned Senior Sub Judge, Court No.-1, Mandi has dismissed the application simply on the ground that since the file of the suit has...
..., whereby the petitioners application under Order 7 Rule 10 of the CPC, was rejected, the petitioner has filed this revision petition. 2. On going through...the impugned order, it is clear that the Forum though dismissed the application filed by the petitioner under Order 7 Rule 10 of the CPC but has kept the question open about...petitioner. None for respondent. Feeling aggrieved by the interim order dated 28.7.2016, passed by the District Consumer Disputes Redressal Forum, Dewas (for short the Forum), in complaint case No.10/15...